What is the incorporation by reference requirement for ASCII plain text file submissions?
ASCII plain text file submissions (e.g., Sequence Listings, Large Tables, or Computer Program Listing Appendices) require an incorporation by reference statement in the specification. This statement should:
- Be in a separate paragraph of the specification
- Identify the name of the ASCII text file
- Include the creation date of the file
- State the size of the file in bytes
As stated in MPEP 608.05: The specification must include an incorporation by reference of the material on each read-only optical disc in a separate paragraph (§ 1.77(b)(5)), identifying the name of each file, their date of creation, and their size in bytes, except for an international application in the international stage.
If this statement is omitted, the examiner should require the applicant to insert it. In some cases, the examiner may insert the statement by examiner’s amendment with authorization from the applicant.
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